A Division Bench of the Supreme Court of India comprising JJ Hon’ble Mr. J. Chelameswar & Mr. Anay Manohar Sapre ordered final hearing on the writ petition filed by Prof.Bhim Singh, Sr.Advocate of Supreme Court against the illegal, improper and unconstitutional detention of nearly 250 Pak and POK prisoners languishing in Indian jails for over a decade.

Prof.Bhim Singh questioned the authority of the agreement on Consular Access signed between Govts. of India and Pakistan on 21.05.2008. Prof.Bhim Singh argued that Article 21 of Constitution of India cannot be shadowed or camouflaged by any executive order or authority. Article 21, he argued provides, “No person shall be deprived of his (her) life or personal liberty except according to procedure established by law.”

Prof.Bhim Singh said that any agreement or declaration made by any executive authority cannot override the authority of this command of Article 21. He said that this right of personal liberty is vested in every person (citizens of any country and all human beings) including foreigners.

Prof.Bhim Singh said that Consular Access signed between India and Pakistan on 21.05.2008 cannot be accepted and does not pass the test of human rights as enshrined in Article 21.

Prof.Bhim Singh strongly argued for the release of 59 persons who have completed their sentence or against whom no offence has been registered but nationality has not been confirmed. He regretted that 59 prisoners stated to be, “59 Pakistani prisoners who have completed their sentence/offence not registered but nationality not yet confrmed are lodged in different jails/prisons and some of them in the detention centres in Delhi, Alwar (Rajasthan), U.P., Amritsar (Punjab), Bhuj JIC (Interrogation Centre) in Bhuj (Gujarat) and some of them are lodged in jails in J&K and Rajasthan.” Prof.Bhim Singh said that Supreme Court direction to shift all prisoners from jails to detention centres has not been followed in totality.

Supreme Court of India instructions/orders on the Pak prisoners not (other than under trials or convicts) dated 28.02.2012 issued by the Supreme Court in writ petitions (crl.) no.310/2005 & 82/2010 the Supreme Court had issued clear direction to the Union of India that,“It is indeed unfortunate that these 37 Pakistani prisoners who have been served out their sentence and are not required under Indian laws have been kept injail because their nationality has not been confirmed. Whatever may be the reason for delay in confirmation of their nationality, we have not even slightest doubt that their continued imprisonment is uncalled for. In no way, these 37 Pakistani prisoners can be treated as prisoners once they have served out their sentence. It is true that unless their nationality is confirmed, they cannot be repatriated and have to be kept in India but until then, they cannot be confined to prison and deprived of basic human rights and human dignity.”

The number of 37 has gone up to 59 according to the latest counter affidavit filed by the Union of India as mentioned above. The Union of India as well as the State of J&K have violated this order of the Hon’ble Supreme Court of India and several Pak & POK prisoners are being treated in jails in J&K, Rajasthan and in some other jails. In spite of the clear direction of Supreme Court that,

“However, suffice it to say that these 37 persons have to be formally released from jail immediately and be kept at appropriate place with restricted movements pending their deportation/repatriation. The places where they are to be kept—detention centres or by whatever name such places are called—must have basic facilities of electricity, water and hygiene.”

Prof.Bhim Singh said the both the Union of India and respective states have violated the orders of the Hon’ble Supreme Court. Prof.Bhim Singh said that in pursuance of the direction of Supreme Court, Foreign Office (Director-Foreigners) issued most immediate direction to the Principal Secretaries (Home) of all State Govts.,Union Territories administration etc. in reference to the orders of the Supreme Court in Bhim Singh’s writ petition. This order of Govt.of India was issued on 07.03.2012 which clearly directed all States that, “Release be ensured that all foreign nationals who have completed their sentence but whose deportation/repatriation is awaited due to non-confirmation of nationality/issue of travel documents by the country concerned maybe released from jails immediately and they maybe kept as appropriate place outside the jail premises with restricted movement pending their repatriation. It was made clear that this shall be done under the powers delegated to the State Govts. under Section 3(2) (e) of the Foreigners Act, 1946 and under paragraph 11 of the Foreigners Order, 1948.”

It was clearly instructed that foreigners so released must be kept in safe custody with basic facilities of electricity, water and hygiene with full security.

The Govt. of India, the Ministry of Home Affairs (Foreign Division) issued another instruction on 01.09.2014 directing the States/Union Territories to set up detention centres/holding centres/camps in various states/union territories for restricting the movements of illegal immigrants/foreign nationals awaiting deportation after completition of their sentences. Prof.Bhim Singh said that the Central Govt.has failed in this regard to take appropriate actions/remedies to ensure that the foreign nationals are repatriated to their respective countries.

Prof.Bhim Singh said that more than 15 foreign nationals have been sentenced for life and paid that their appeals maybe heard by the Supreme Court and those who have completed more than 15 years maybe sent back to their respective countries on the principle that they have completed more than 14 years in jails.Prof.Bhim Singh also said that the Govt. has accepted in its counter affidavit that 109 prisoners are still in different jails in India as under trial. He said that this is also violation of the direction of the Supreme Court order of 2008 in writ petition no.310/2005 where the Hon’ble Supreme Court had directed to conclude all trials of the foreign prisoners within one year. Prof.Bhim Singh argues that this order of the Supreme Court has also been violated. According to the rejoinder of the Home Ministry 64 foreign prisoners are undergoing sentence which include about 15 Pakistani prisoners undergoing life sentence in different jails in the country.

Prof.Bhim Singh request was accepted by the Supreme Court and the matter fixed for final hearing for 9th of September, 2016.

Prof.Bhim Singh, Chief Patron of National Panthers Party and Executive Chairman of the State Legal Aid Committee, J&K while addressing a press conference in the boiling Kashmir urged Parliament of India to take initiative to ensure return of peace in the Valley and delivery of justice to those including children who have been denied justice and equity in the smokes leaping in the Valley of Kashmir due to bandh, closure, deadlocks, firing and lawlessness in the entire Valley of J&K.

Prof.Bhim Singh was advised by the Supreme Court to visit Kashmir Valley while Panthers Party’s writ petition was being argued before the court of Chief Justice of India that he (Bhim Singh) should visit Valley and come back with the ground reality vis-à-vis Kashmir Valley.

Prof.Singh after spending three days in the city of Srinagar as he was not allowed to visit any other districts outside the Srinagar City. Prof.Bhim Singh has requested the State Government to allow him to visit Districts of Anantnag, Budgam, Baramulla, Kupwara and other areas affected by violence and 52 days bandh and strikes. Prof.Bhim Singh regretted in the press conference that he was not allowed to meet the people in the Valley and he had to remain within city of Srinagar only. Prof.Bhim Singh visited deserted colleges and schools, met several lawyers in the High Court where there were hardly any litigants because of the strikes and breakdown in the transport movement in the Valley.

Prof.Bhim Singh while addressing the press conference demanded that a committee under the leadership of Dr. Karan Singh, former Maharaja of J&K, be constituted with all prominent members of the Hurriyat Conference in it. He said that a representative of every recognized political party in J&K should also be included in the committee. This committee under Dr.Karan Singh’s chairmanship should be allowed to visit PoK and Gilgit also so that opinions of the residents of J&K in PoK and Gilgit shall also be taken on record.

In the meantime, the Governor of J&K, Shri N.N. Vohra should dissolve the State Govt.and take over the control of government’s powers under Section 92 of J&K Constitution. Prof.Bhim Singh also suggested that India and Pakistan should continue talking to each other on J&K and both sides should leave on the new constituted committee headed by Dr. Karan Singh should be allowed to function smoothly.

Prof.Bhim Singh expressed sympathies and love with all the kids and the children and the minors who have been badly hit by the pellet guns. He urged to stop use of any kinds of guns or explosive against the children of India residing in Kashmir. He said that he shall place all the facts he has experienced in Kashmir Valley before the Supreme Court of India that to ensure that justice shall flow from the corridors of the Supreme Court of India.

Prof.Bhim Singh also made clear that the status of J&K should be maintained as was established by the Constituent Assembly and affirmed by the Constitution of India on 26thJanuary, 1950.

Prof.Bhim Singh was accompanied by entire leadership of the party in Kashmir including its Vice President, Masood Andrabi, State General Secretary, Manjoor Naik, Provincial President, Farooq Ahmed Dar, State Secretary, Maqbool Malik and several districts presidents of Kashmir Valley.

Prof.Bhim Singh, Chief Patron of National Panthers Party and fighter for human rights and peace arrived Srinagar today. He was received by several Panthers Party leaders at the airport who briefed him about the ‘explosive’ situation that has been flooding in the Valley for the past 52 days and remained unabetted.

Prof.Bhim Singh drove from the airport straight to Raj Bhawan and met Shri N.N. Vohra, the Governor of J&K. Prof.Bhim Singh discussed the present turmoil with J&K Governor and urged for his intervention under Section 92 of J&K Constitution so that peace is brought back in Kashmir and confidence of the people is restored.

Two hours indoor meeting of the Panthers Party leaders discussed the role that Panthers Party is destined to play to restore peace in the state of J&K so that confidence of the youth in the system is restored. The Panthers Party leadership in Kashmir Valley is of the view that all kinds of violence and violation of law should be stopped forthwith and the minor youth detained/arrested should be allowed to return to their homes. Prof.Bhim Singh that Constitution of India does not allow children/minors to be detained in the jails/prisons/police stations.

Prof.Bhim Singh expressed hope that the Governor Rule shall be imposed in J&K which shall be in the interest of the people of the entire state at present. The Panthers Party also made an appeal to the people of the Valley particularly the youth and students to ensure that violence is completely kept out of the movement and peace is given a chance.

Prof.Bhim Singh said that he would like to visit all the important places in the Valley including Karnah, Kupwara, Baramullah, Pattan, Mattan, Anantnag and all other places which have been affected by violence. Prof.Bhim Singh assured the people of the Kashmir particularly the youth that the Panthers Party shall continue their fight democratically from Srinagar, Lal Chowk to the doors of the Supreme Court seeking justice and equity for all and end of guns may they be ballot or bullet. The Panthers Party urged the Governor to intervene within his authority to ban use of all kinds of guns and bullets against the children and the youth.

Prof.Bhim Singh shall be meeting the prominent leaders of Hurriyat Conference during his stay in Srinagar. Panthers Party appealed to the bleeding youth of Kashmir that love is the most important weapon when the battle is for human rights and justice. He assured the people of J&K that Panthers Party shall continue its battle from the streets to the Supreme Court to ensure that justice is delivered to all whether in Ladakh, Kashmir or Jammu

A meeting of the State Legal Aid Committee headed by Prof.Bhim Singh, a Barrister & Sr.Advocate of Supreme Court of India chairing State Legal Aid Committee was held this morning at Jantar Mantar, New Delhi to work out an appropriate and affective measures to save the children of India who have been facing pellets (lead bullets) in Kashmir for the pleasure of the rulers of J&K. It is one of the greatest tragedies of the time that BJP became a ruling partner with PDP who have been ruling the state for the past over two years.

Prof.Bhim Singh, Chief Patron of NPP convened an emergency meeting of the State Legal Aid Committee in New Delhi took a hard decision to move the National Human Rights Commission in New Delhi, the capital of India against the brutal, barbaric and inhuman use of pellet guns against the children of India in J&K. Prof.Bhim Singh addressing over 50 lawyers-members of the State Legal Aid Committee hailing from different parts of the country decided that a human right protection campaign shall be undertaken by the State Legal Aid Committee to mobilize the national opinion of the human activists and politicians as well as the intellectuals against the barbaric use of pellet guns against the children in Kashmir Valley which is rightly called as crown of India and where Mahatma Gandhi felt the ray of hope and saw the lights of the day in the forties during the freedom struggle of India against the British kingdom.

Prof.Bhim Singh declared that the use of pellet guns shall be declared as inhuman, criminal, unrecognized in the chapter of human rights and unacceptable in the Indian democracy which is supposed to extend to the State of J&K. Prof.Bhim Singh declared that the State Legal Aid Committee shall knock the doors of National Human Rights Commission to ensure that such use of pellet guns is listed as anti-human and crime against the humanity in a free country, India.

Prof.Bhim Singh said that more than 50 youth including males and females and children have been hit by the pellet bullets for the pleasure of the rulers of J&K which include BJP and PDP. Prof.Bhim Singh said that during 100 years Dogra rule the bullets were not allowed to be used against the people. It was only in 1931 that some people were killed (martyred). The then Maharaja of J&K, Hari Singh invited a British Commissioner to hold inquiry and all the guilty policemen were punished. This was one instance in 1931 during 100 years of Dogra rule. He wondered how many innocent persons have been killed by the so-called democratic government in J&K who claim to be Indian where the rule of law of the Constitution of India does not reach. J&K is the only state in India which has not been officially merged by the Constituent Assembly and the only state which has its separate Constitution without any fundamental rights incorporated inside the Constitution. The only hope of the people of J&K lies in Supreme Court of India which has managed of its own to extend its jurisdiction to the State of J&K in spite of the fact that J&K is not under the command of Constitution of India because of the temporary provision of Article 370.

Prof.Bhim Singh declared that October 26 shall be celebrated as Accession Day throughout J&K, the day Maharaja Hari Singh signed the Instrument of Accession in 1947. He regretted that the Parliament of India has not cared to implement that accession for merger of the state till this day. Prof.Bhim Singh said that Article 370 needs to be amended so that people of J&K shall be guaranteed all the fundamental rights incorporated in the Constitution of India.

The Solicitor General of Union of India, Shri Ranjit Kumar had filed a status report in the Supreme Court of India on the direction of the Supreme Court on writ petition filed by J&K National Panthers Party through its General Secretary, Shri B.S.Billowria, Advocate seeking promulgation Governor Rule in J&K without any delay to protect the life of the citizens in J&K.

Prof.Bhim Singh, Sr. Advocate argued for the petitioner had made a strong plea for the imposition of Governor Rule under Section 92 of J&K Constitution as the petition said that the governance had completely collapsed and there is no security and safety of the citizens in the state. The Supreme Court had directed the Solicitor General of India on 29th July, 2016 to file a status report on the situation. The Solicitor General filed the status report on 5th August, 2016. The Supreme Court Division Bench presided by Chief Justice of India, Justice T.S. Thakur had allowed Prof.Bhim Singh to file the counter reply to the status report.

The Panthers Party filed the status report before the Supreme Court of India today through its General Secretary, Shri B.S.Billowria, Advocate. The case has been listed for hearing on Friday, 26th August, 2016.

Sd/-Naveed Hussain Naik, Advocate

Legal Aid Secretary, JKNPP

Mob: 9953097680

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IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRL.) NO.102 OF 2016

IN THE MATTER OF:-

J&K National Panthers Party …Petitioner

Versus

Governor of J&K & Ors. …Respondents

SUPPLMENTARY AFFIDAVIT

I, B.S.Billowria, Advocate s/o Late Shri Kunj Lal, aged 51, National General Secretary of JKNPP presently at Jantar Mantar, New Delhi-110001, do hereby solemnly affirm and state as under: –

That the petition of J&K National Panthers Party has been filed through this deponent which was listed before this Hon’ble Court for hearing on 29thJuly, 2016.

That the Learned Solicitor General of India filed a status report in pursuance of Order dated 29.07.2016 passed by this Hon’ble Court in this writ petition.

That this Hon’ble Court was pleased to allow the petitioner to file a counter affidavit on the status report filed by the Solicitor General on the basis of inputs received from the State Government of J&K.

That curfew was imposed in the entire Valley of Kashmir spread over nearly 15,000 sq. kms. of area on 8th July, 2016.

There has been unrest in the entire Valley of Kashmir resulting in total anarchy, lawlessness, disruption in the functioning of public and private institutions including schools, colleges and the university centres in Kashmir Valley.

That the public transport as well as private vehicles have been off the roads in Kashmir Valley since 8th July, 2016. Even the Shri Amarnath Yatra was disrupted repeatedly till it was concluded the other day.

60% of the population have gone off the work and the commercial activities have come to a standstill. There is no governance at all and the law-breakers and anti-social elements are governing the entire Valley threatening the very existence of living beings in the Valley.

That this has affected the entire State of J&K as the National Highway from Pathankote to Leh, Ladakh has been disrupted. Commercial activities may they be at inter-provincial level or intra-state level have completely been disrupted. The pre-paid mobile telephones have been shut and internet system has not been functioning since 8th July, 2016. The lower judiciary is not functioning because of the collapse of the transportation and public order. The peace in the entire State stands threatened because of the breakdown of the communication with Kashmir Valley. The capital of the state is in Srinagar (Kashmir Valley) besides the High Court of J&K is also functioning from Srinagar in summer.

The day to day proceeding can be gathered with accuracy from the reports dispatched by the Press Trust of India (PTI) from Srinagar.

That this Hon’ble Court was pleased to seek status report from the Solicitor General of India on July 19, 2016.

On July 29, 2016 when this Hon’ble Court heard this petition, the situation has deteriorated beyond imagination. But, what has happened is more and more people have died. The death toll is now nearly over 65; 150 to 200 people have been blinded apparently and thousands have been injured. All citizens of this Great Bharata-Alarming situation has arisen mainly because of pellet guns. They have become a symbol of an extremely chaotic order. Article 21 of the Constitution of India stands mutilated. 47 days(till 24-08-2016)of curfew in the Valley of flowers and heaven on Earth, Kashmir, has been caught in a dangerous cyclone.

There has been a breakdown of civil administration. Essential services have failed, the medical service systems have broken down, educational systems have shut down, the schools and colleges are all closed and there is a massive humanitarian problem. There is no governance in Kashmir, the summer capital of the State.

There is need to have a proper civil administration in J&K. Even the Civil Secretariat and judicial system are not functioning. Civil life stands disrupted for nearly 47 days. The State Government has failed beyond doubt and there lies need for save the people of the state and the security of India.

In the past 47 days, the State Government could not come out with any particular initiative or any particular action, and the impression is going around that the Government, virtually, has disappeared or is not active and there lies urgent need for the President of India to act under Article 370 of the Indian Constitution read with Section 92 of the J&K constitution to advice the Governor of J&K to take over the administration in the state without any further delay in the interest of security of the state and the life of the citizens.

Jammu & Kashmir is an extremely complex and complicated affair because nearly one-half of J&K State has been under illegal occupation of Pakistan which includes nearly 5000 sq. miles of erstwhile Jammu Province called ‘PoK’. And nearly, 32000 sq. miles of J&K (Indian) territory, Gilgit-Baltistanin 1948. Pakistan took control of Gilgit-Baltistan annexing this Indian territory as Pakistan’s integral part in 2009. This has violated the U.N. resolution of 1948.

That 50% of the original State of Jammu & Kashmir has been under the illegal occupation of Pak and China. The State of Jammu & Kashmir, which Maharaja Hari Singh acceded to the Union of India by signing the Instrument of Accession on 26th October, 1947, was 84,000 square miles. Today, India has hardly 42,000 square miles out of 84,000 square miles of J&K territory.

There are many dimensions of the problems in J&K. There is the humanitarian dimension too. There are internal–external dimensions as well. There is the dimension of regional imbalances and regional problems in Jammu and Kashmir.

Section 92 of the Constitution of J&K is the remedy available under the Constitution of J&K read with Article 370 of the Constitution of India when it becomes mandatory for the Governor of J&K to dismiss the government in J&K and impose Governor Rule in the interest of security and safety of the state and the citizens residing in that state.

It is submitted that the authorities have failed to takeadequate measures to protect the lives of the people of the state and it is physically impossible to ensure supply of essential commodities in Kashmir Valley. Petroleum products cannot be moved into the Valley in the present situation because of the total disruption in the transport facilities, medical facilities cannot be provided to the patients and the students cannot go and sit in the examination. The ground reality as to law and order situation in the Kashmir Valley is concerned it has collapsed and the people have been living under the shadows of anarchy, disorder without any protection. There is no existence of rule of law or security.

It is submitted that there is no governance because there is no rule of law nor there is any security or safety of the citizens in the entire valley of Kashmir. The situation has gone beyond the control of the present Govt. Section 92 of the J&K constitution is the only remedy at this stage. The President of India is the only competent authority to advice the Governor of J&K to promulgate Governor rule in J&K by suspending the state assembly so that peace shall be restored and bridges of communication are built between the people of all provinces.

DEPONENT

VERIFICATION:

I, deponent, do hereby verify that facts of this supplementary affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed and suppressed therefrom.